SUPREME[i] COURT OF QUEENSLAND

REGISTRY:

NUMBER:

Plaintiff2: (As per Claim)

AND

[First] Defendant3 (As per Claim)

AND

[Second Defendant] (As per Claim)

LETTER OF REQUEST

To: (insert name of examiner)

1. The Supreme Court of Queensland requests your assistance with regard to the following matters.

2. There is a proceeding pending in the (insert relevant court) Court of Queensland between (plaintiff’s name) as plaintiff and (defendant’s name) as defendant (no ...... )

3. The proceeding concerns a claim by the plaintiff for -

(set out -

(a) the nature of the proceedings

(b) the relief sought

(c) a summary of the facts)

4. The names and addresses of the legal representatives or agents of the parties are as follows: (insert)

5. It is necessary for the purposes of justice and for the due determination of the matters in dispute between the parties that you cause the following witnesses to be examined -

(Insert names and addresses)

6. The witnesses should be examined on oath (or if that is not possible they should be examined in accordance with whatever procedure is provided for by the law of the jurisdiction where they are examined.)

7. (Either) The witnesses should be examined in accordance with the interrogatories annexed hereto.

(Or) The witnesses should be examined about (set out full details of evidence sought).

8. You are requested to inform the legal representatives or agents of the parties of the date and place where the examination is to take place.

9. You are requested to cause the evidence of those witnesses to be recorded, and to authenticate and sign any deposition or other recording. If the evidence is recorded in a deposition, it must -

(a) contain, in question and answer form, the evidence of the person examined;

(b) be transcribed and read over by or to the witness in your presence and in the presence of such of the parties as wish to attend; and

(c) be signed by the witnesses, or if the witness refuses to sign the deposition, it must be signed by you for the witness.

10. You are requested to cause all documents produced on the examination to be duly marked for identification.

11. You are requested to return the written evidence and documents (or interrogatories.) to the Registrar of the (insert relevant court) Court at (address).

Signed: (registrar to sign and seal)

Dated:

[i]. For an application in the District Court or a Magistrates Court, substitute “District Court” or “Magistrates Courts” respectively.

2 For proceedings commenced by Originating Application for “Plaintiff” substitute “Applicant”

3 For proceedings commenced by Originating Application for “Defendant” substitute “Respondent”